A temporary stay order has been issued by a division bench, consisting of Justice D Krishnakumar and Justice Victoria Gowri, on a previous ruling by a single judge. The ruling had permitted a virtual marriage between a groom in the USA and a bride in India.
The single judge had proposed that the bride could use her power of attorney to sign the certificate on behalf of both herself and the groom. The appeal against Justice GR Swaminathan’s order was filed by Sub Registrar Manavalakurichi, and the division bench heard the case.
The appellant argued that the reference made by the court to Swami Vivekananda’s speech about the Ramayana was irrelevant, as it pertained to the use of a golden statue of Sita after the marriage ceremony.
The appellant stated that the couple sought permission for the virtual solemnization of the marriage itself, which was a separate matter. According to the appellant, the single judge had misunderstood the facts of the case.
The appellant contended that even if the bride signed the declaration form on behalf of herself and the groom using her power of attorney, the physical solemnization of the marriage was mandatory, and virtual solemnization was not permissible.
The appellant also raised a concern about the single judge’s criticism of the Registrar for not registering the marriage when the couple appeared before them after the 30-day period. The Sub-registrar explained that objections had been raised by the families of the couple, making it impossible to solemnize the marriage at that time.
The appellant argued that the court’s observation regarding this matter was unfounded. Additionally, the appellant pointed out that the references to the Covid-19 (Temporary Measures for Solemnization and Registration of Marriage) Act 2020 in Singapore and the Hanafi school of thought in Pakistan were irrelevant since the facts of the case were distinct.
Source: https://www.livelaw.in/news-updates/madras-high-court-stays-single-judge-order-solemnization-marriage-virtually-222859?infinitescroll=1
